H4 to H1B - But H1b is in query state

[snow_white]

Hi, could some one help me for the below case.

Through company A i applied for H1b in 2010 quota and got approved ,but during visa interview i got query(221g blue slip) in India asking more information from the employer. After this i got married and applied for H4 Visa and got visa stamped. Now i am in US in H4 status and still i have my valid H1b approval notice.

After coming to US, through company B i applied for new H1B 2011 quota along with change of status( H4 to H1B), yet to receive the approval. In the same time i got an opportunity from a very good Company C ,they said they can transfer if i have any existing H1B.

My questios are

1) Can Company C transfer valid H1B(which applied in 2010 quota through Company A) which is already in query state and do change of status?

2) Can 2 comapanies apply for H4 to H1b for a person at the same time?
Note: one is new H1b and other is H1b transfer

Thanks in advance!!!

[shervin143]

1) Can Company C transfer valid H1B(which applied in 2010 quota through Company A) which is already in query state and do change of status?
>>> Yes.

2) Can 2 comapanies apply for H4 to H1b for a person at the same time?
>>> Yes.

Note: one is new H1b and other is H1b transfer
>>> That doesn't matter. You need not have to go for a new CAP since you are already CAP counted. You just wasted a CAP which could have been useful to someone else.

[snow_white]

Hi, Thanks for your time and quick response. This really helps.